DOJ revives push to rewrite FARA rules

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DOJ revives push to rewrite FARA rules

Delivered daily, Influence gives you a comprehensive rundown and analysis of all lobby hires and news on K Street.

Article outline

  1. What happened
  2. What comes next
  3. Background
  4. The key numbers
  5. Why it matters
  6. The bottom line

Key points

  • Taft Stettinius & Hollister LLP DBA Taft Advisors LLC FKA Taft, Stettinius & Hollister: Goodwill Industries – Southwestern Pennsylvania.
  • Cyber Command and commander of the Marine Corps Forces Cyberspace Command; and retired Col.
  • Democrats on the Hill are pointing to ties between some firms and the business empires of Trump's family and that of Commerce Secretary Howard Lutnick.
  • Send tips to and or message us on Signal at jwendler.89 and danielbarnes.13.
  • The Invest in Tomorrow Coalition already spent major to unseat GOP Rep.

Notably, the Department of Justice is considering making substantive changes to rules under the Foreign Agents Registration Act for the first time in decades – but it's leaving K Street guessing on what that could mean for lawyers and lobbyists.

When the DOJ issued a notice in January 2025 laying out feasible revisions to a number of existing exemptions under FARA, reminder: The Justice Department signaled that it was considering FARA changes under the Biden administration. That included what's known as the "commercial exemption, " which allows practitioners to do private, nonpolitical work without registering under FARA, and the "lawyer's exemption, " a carveout for lawyers who represent foreign principals in nonpolitical matters. The proposal would have narrowed the exemptions, but received significant pushback from K Street for being too heavy on enforcement and overly burdensome in terms of compliance.

But tucked in a 644-page document published by the DOJ last week was a note that the department "is now considering a final rule that adopts many – but not all" of those proposals. The DOJ has yet to provide any details, but remarked it anticipates changes "will clarify ambiguities in the existing regulations, update the regulations to keep pace with technological change, and improve civil FARA administration while reducing regulatory burdens on the public."

Former U.S. As well as feasible changes to a separate carveout for tourism promotion activities, attorney Greg Brower, a shareholder at Brownstein Hyatt Farber Schreck, informed PI he anticipates the new rule to propose a narrowing of the commercial exemption. "For companies and for lawyers in this space, the key is clarity, " he remarked.

For context, the DOJ is additionally eyeing changes to rules for disclosing informational materials disseminated by registered FARA agents on behalf of foreign principals. The new rules would aim to "provide requested clarity on labeling digital media, " DOJ remarked, a potentially welcome update for firms that have had to navigate disclosure in a digital age without guidance from the federal administration.

In practice, the document, which came out just days after Todd Blanche was sworn in as attorney general, is a "clear indication" that he intends to reprioritize FARA enforcement, remarked Alexandra Langton of law firm Covington & Burling. That's a contrast from his predecessor Pam Bondi. This person on Day 1 as attorney general issued a memo stating the DOJ would only bring charges under FARA in "instances of alleged conduct similar to more traditional espionage by foreign government actors."

"Some practitioners have thought that this rulemaking was dead on the vine under the Trump administration, " Langton informed PI. "So it's pretty significant that they're going to move forward with it."

Meredith McCoy, a partner at law and lobbying firm Venable, remarked she'll be watching for whether the DOJ uses its FARA rulemaking to further the Trump administration's crackdown on foreign funding for nonprofits. While the Biden administration had proposed clarifying that the commercial exemption applies to nonprofits, McCoy remarked she wouldn't be surprised if the new rule gives nonprofits less leeway to operate without registering under FARA.

"I think the notice is really waking up the community to say this administration is not totally abandoning civil enforcement of FARA, " she remarked.

Happy Thursday and welcome to PI. Send tips to and or message us on Signal at jwendler.89 and danielbarnes.13. And don't forget to follow us on X at @jacob_wendler and @dnlbrns.

NAKASONE'S NEXT ACT: Two former Pentagon cybersecurity leaders are launching The Nakasone Group, a new advisory firm that will work with administration agencies and firms on national security matters from cyber defense and protection to cyber-enabled fraud, our colleague Dana Nickel scooped for Pros in Morning Cyber.

Retired Gen. Paul Nakasone, who led the National Security Agency and U.S. Cyber Command during the first Trump and Biden administrations, and Brett Goldstein, former director of the Pentagon's Defense Digital Service, will lead the firm, Dana reports.

For context, the Nakasone Group's advisory team includes former security authorities throughout the tech, military and cyber sectors, including Anne Milgram, former administrator of the Drug Enforcement Administration; retired Gen. Matthew Glavy, former deputy director of U.S. Cyber Command and commander of the Marine Corps Forces Cyberspace Command; and retired Col. Jason Seales, former director of the Cyber Tactical Operations Center for Cyber Command's Cyber National Mission Force.

DEMS HOME IN ON MINERAL DEALS: Democrats angling to take back Congress this fall are laying the groundwork for deep investigations into President Donald Trump 's ever-expanding critical mineral spending spree – and the industry is taking note, our colleagues Hannah Northey and James Bikales report.

Democrats on the Hill are pointing to ties between some firms and the business empires of Trump's family and that of Commerce Secretary Howard Lutnick. This person has assisted shepherd plenty of of the awards for the administration. They've sent a number of letters to the Trump administration and private sector targets in recent weeks spanning everything from the admin's stakes in private mining businesses to rare earth startup Vulcan Elements. It is backed by Donald Trump Jr.'s venture capital firm, as your host has previously documented.

"Some people are like, 'Great, I want that, I want equity, I'm going to take the deal.' Other people are saying, 'I don't want to be anywhere near the administration when the investigations come, '" remarked one defense industry lobbyist with mineral clients granted anonymity to speak freely. "There's going to be a booming practice in investigations."

NORMAN HITS BACK ON SOLAR DONORS: A PAC backed by the clean energy industry that's working to defeat Rep. Ralph Norman 's (R-S.C.) Senate bid could see its work backfire as Norman and his allies try to discredit the group, our colleague Timothy Cama reports.

Meanwhile, the Invest in Tomorrow Coalition already spent major to unseat GOP Rep. Andy Ogles in Tennessee earlier this month, and now it's targeting Norman in the South Carolina runoff next week. But Norman and his backers are now painting the group as a part of the Washington liberal establishment and tying it to his opponent, Sen. Darline Graham, sister of the late Sen. Lindsey Graham (R-S.C.).

"If you look at who's funding her campaign, it's the Washington swamp. It's the elite. They just took out a $1 million attack ad against me, " Norman remarked in a Saturday interview with WCNC-TV the day after POLITICO first noted the PAC spending. The group's advertising campaign doesn't say anything regarding clean energy, let alone disclose the sector that paid for it. Instead, it notes Norman "betrayed" Trump and the Produce America Great Again movement by endorsing Nikki Haley in the 2024 presidential campaign.

Pro-tariff group warns Trump against lowering Canada's aluminum tariffs, per our colleague Ari Hawkins.

Michael Cohen won't say if he'll employ his Trump interview to seek a pardon, per our colleague Gregory Svirnovskiy.

Trump's FAA picked an unlikely contractor to lead its air traffic overhaul. The agency is having second thoughts, per our colleague Oriana Pawlyk.

Laura Chambers has joined Lot Sixteen as an SVP. She most lately led external affairs and social performance at the Alcoa Corporation and was previously an energy and environment policy adviser for former Sen. Jay Rockefeller (D-W.Va.).

Nora Rigby has joined TD Bank as head of public policy engagement. She most lately served as associate director of regulatory and legislative affairs for The Clearing House and is a CFPB alum.

Eric Bruce has joined DLA Piper as a partner in the firm's white collar crime, investigations and administration enforcement practice. He was most lately a partner at Freshfields and is a DOJ alum.

Monique "Mo" Charlifue is joining New Heights Communications as a comms manager. She most lately worked for Graham Platner 's Senate campaign and is an alum of Sen. Martin Heinrich (D-N.M.) and the Senate Energy and Natural Resources panel.

Kobie Christian is now a VP at West End Strategy Team. He previously worked at the Hub Project. OnPoint Community Credit Union Political Action Committee (OnPoint Advocacy Fund). Unleashing Security and Affordability PAC (Super PAC). A1.9 Strategies LLC: Varex Imaging Corporation. Alpine Group Partners, LLC.: Gravity Driven Industries, Inc. Babbage Cofounder: Mesabi Metallics Firm LLC. BGR Administration Affairs: American Academy of Dermatology Association. BGR Administration Affairs: Futures Industry Association. BGR Administration Affairs: Hym Investment Group, LLC. BGR Administration Affairs: International Code Council. BGR Administration Affairs: Terzo Technologies Inc. BGR Administration Affairs: WRN Holdings, Inc.

Capitol Pillar LLC: RecycLiCo US Mineral Recovery, Inc. Carbon Impact Group, LLC.: DeKalb County Administration. Continental Strategy, LLC: Carolina Financial Group. Continental Strategy, LLC: General Cigar Co. Inc. Continental Strategy, LLC: PTVN Energy LLC. Continental Strategy, LLC: Safety Net Hospital Alliance of Florida. Continental Strategy, LLC: Seasonal Employment Alliance. DLA Piper LLP (US): SICK Product & Competence Center Americas, LLC. Holland & Knight LLP: American Academy of Orthopaedic Surgeons. Holland & Knight LLP: Elevate ENT Partners.

Kamran Daravi Consulting LLC: MO Strategies, Inc. OBO Indiana Health Care Association. McBride Consulting & Business Development Group: Russo's on the Bay. Rubin, Turnbull & Associates: Cognition AI, Inc. Rubin, Turnbull & Associates: General Aviation Firm. Rubin, Turnbull & Associates: Liberty Partners Group OBO Ivy Rehab Network. Rubin, Turnbull & Associates: Waterloo Sparkling Water Corp. Rubin, Turnbull & Associates: Zillow Group, Inc. Stonington Global: Family of Freeda Breuer. Stonington Global: Jeffrey Zwick & Associates PC.

Taft Stettinius & Hollister LLP DBA Taft Advisors LLC FKA Taft, Stettinius & Hollister: Goodwill Industries – Southwestern Pennsylvania. Atrio Consulting Group, LLC: Converse County Bank. BGR Administration Affairs: Centiva Capital, LP. BGR Administration Affairs: Enterprise Products Operating LLC. BGR Administration Affairs: Ouro Mining Inc. Velocity Administration Relations, LLC: Ragnarok Industries.

In short, DOJ revives push to rewrite FARA rules is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.

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